California’s Misappropriation of Lost Property Law

Finders, Keepers? Can I Be Arrested for Keeping Lost Property?

California’s Misappropriation of Lost Property Law

The saying “finders, keepers” is well known, but you cannot always legally keep lost property in California. The crime of misappropriation of lost property can end up with you serving jail time, so it’s crucial that you understand how to legally handle any items you discover. Taking the correct steps can both ensure that you do not commit a crime and rightfully keep the property.

How Can Keeping Lost Property Be a Crime?

A California prosecutor seeking to convict you of misappropriation of lost property must prove three things regarding your conduct.

  • First, that you found lost property that contained clues regarding its rightful owner.
  • Second, that you took the item or items for your own.
  • Finally, the prosecutor must prove that you did not make reasonable efforts to identify the rightful owner.

You must have done all three of these actions to commit a crime. Otherwise, you have not misappropriated anything and finders, keepers would apply.

What Are Reasonable Efforts To Identify an Owner of Lost Property?

California only criminalizes keeping lost things if you did not make a reasonable effort to find the proper owner and there was some information that could lead to their identification. Therefore, the facts of what you uncovered and what you did once you saw it is crucial.

For example, if you find someone else’s wallet, the first thing you should do is look for an ID. A driver’s license or any other identifying information means you can likely find the wallet’s owner. Taking the wallet and its contents without trying to notify that person you found it could be a crime.

Now, compare finding a wallet to an envelope of money. If the cash did not have any notes or writing with it, you may face difficulty finding its correct owner. However, if you found the money directly outside of a bank, the bank could probably identify its owner. So, not notifying the bank could be criminal.

Instead, if you find the envelope on a park bench, it is unlikely anyone could find the owner. You will not need to put in as much effort trying to find out who lost the envelope.

What Are the Penalties for Misappropriation of Lost Property?

California considers misappropriation of lost property a ‘wobbler,’ meaning it can be either a misdemeanor or felony offense. The difference comes from the value of the property you took.

If the misappropriated property is worth $950 or less, you can be charged with petty theft and face misdemeanor punishments. The maximum penalty for petty theft is up to six months in county jail and a $1,000 fine.

The limit for grand theft is set at $950. All wrongly-taken property worth $950 or ,ore will result in grand theft charges. Grand theft is also a wobbler, but as a misdemeanor, it has a maximum sentence of a year in jail. Meanwhile, felony grand theft can lead to up to three years in jail. A prosecutor will determine whether to charge you with a misdemeanor or felony based on your criminal record and the facts of your case.

If you’ve been charged with a crime for keeping property you found in Newport Beach, California, an experienced criminal defense attorney can protect your freedom. Schedule a free-consultation with the Chambers Law Firm today by calling 714-760-4088 or emailing dchambers@clfca.com to discuss your next steps!

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